The Study Of Conflict And Coordination Between Right Of Privacy And Right To Know In Emergent Of Public Health

As an epidemic of H1N1 flu had broken out in 2009,in order to pertect theirselves, many patients and suspected patients infected by H1N1 chose to hide their disease from the department for disease control.Therefore,that led to more seriousness of the epidemic.Such cases reveal a substantive issue:in the emergent events of public health,there exists a conflict between the right of privacy and the right to know.The emergent events of public health includes but not only including the serious infectious diseases epidemic, which are sudden happened and may be seriously harm to public health. But the conflict between the right of privacy and the right to know is most prominent and obvious in this kind of the serious infectious diseases epidemic.On the background of the SARS epidemic in 2003 and H1N1 flu epidemic in 2009, by analysing the right of privacy and the right to know, it can be confirmed that these two rights which have their own essence, feature and content exit in reality.actually, the right of privacy and the right to know also conflict with each other in the emergent events of public health.The main reasons of the confict consist of the contradiction between the various interests of right, the differences of values between the subject of the right, and the inadequacies of the laws. The specific conflict between the two rights shows in two ways:firstly,the confict between the right of privacy and the administative right to know; secondly,the confict between the right of privacy and the right to know the personal information.In fact,there are several ways to resovle the problem. The first way is to combine the principle of priority of public right and the principle of the coordination of rights on the premise of the principle of interest meature. The other solution is to improve the Law in Stringency Process of Public Health Emergencies. This mainly includes three aspects:first, take the improvement of the law of the right of privacy and the law of right to know the truth as the premise, and define the boundaries of these two rights; second, divide the right of privacy in the public health emergencies into general and special part, and protect them respectively; third, specify the subject, the scope and measures of the right to know in public health emergencies。...